I have elected to allow my minor child under the age of 18 ("Participant") to participate in the gymnastics classes and events offered by Dynamix Gymnastics ("Dynamix") at 181 Wheeler Ct, Suite C, Langhorne, PA 19047 ("Premises"). As a condition to the Participant's participation in the foregoing activity (the "Program"), and for other good and valuable consideration described herein, I hereby acknowledge and agree to the following:
1. I understand and acknowledge that the Program involves intense physical activity, which can be dangerous and may expose the Participant to a variety of risks, dangers and hazards including, but not limited to, bodily injury, strains, partial and/or total paralysis, other ailments that could cause serious disability, or death. I understand that the injuries at risk include broken bones, muscle tears and sprains, and other orthopedic injuries, as well as cardiovascular problems, or other serious injuries that could cause temporary or permanent disability or death. I understand that these risks and dangers may be caused by the negligence of Dynamix, the negligence of the Premises at which the Program is located, the negligence of the Participant or other participants, the negligence of others, as well as accidents or other dangers that are integral to recreational or athletic activities.
2. I represent that the Participant is qualified, in good health, and in proper physical condition to participate in the Program. If I believe the Program is unsafe for the Participant, I will immediately stop Participant's participation. I hereby knowingly and voluntarily assume any and all such risks, including presently unknown or unforeseeable risks, and voluntarily assume all responsibility for losses, costs, and damages resulting from Participant's participation in the Program. I understand that Dynamix makes no representations or warranties of any kind about the skills or qualifications of the other participants in the Program or of the owners and/or operators of the Dynamix or the Premises at which the Program may be offered.
3. By my signature below, I hereby forever release and discharge Dynamix, its respective owners, officers, directors, employees, administrators, agents, staff members, successors and assigns ("Releasees"), on behalf of myself and my family, personal representatives, assigns, heirs, and next of kin, to the fullest extent permitted by law, from any and all liability, claims, demands, losses, responsibilities, costs or damages, however caused, whether related to property damage and/or personal injury or death, and whether based on tort, intentional act, strict liability, negligence, and/or negligent rescue, and whether or not it is the result of the negligence of the Releasees or otherwise, which the Participant or I may suffer while participating in the Program at the Premises or as a spectator in the Program. I authorize each of the Releasees to take whatever action is necessary, in their best judgment, in an emergency and I hereby release and discharge the Releasees from any responsibility or liability related thereto. I will indemnify, defend and hold harmless each of the Releasees from any claim, expense, attorney's fees, loss, liability, damage, attendance thereat to the fullest extent permitted by law.
4. I acknowledge that I have read the rules and regulations governing the use of the Premises. I agree that the Participant and I will fully comply with all rules and regulations and with any amendments.
5. I further understand that in order to promote the safety of Dynamix's employees and visitors, as well as the security of the Premises, Dynamix will conduct video surveillance of any portion of the Premises at any time, the only exception being private areas of restrooms and that video cameras will be positioned in appropriate places within and around the Premises and used in order to help promote the safety and security of people and property. I hereby give consent on behalf of myself and the Participant to such video surveillance.
6. I hereby grant Dynamix Gymnastics permission to use my and/or the Participant's name, picture or likeness in any printed media or any form of advertisement. I fully renounce any and all claims upon Dynamix Gymnastics for reimbursement for use of this material.
7. I have read this agreement, fully understand its terms, understand that I have given up substantial rights for myself and my heirs by signing it and have signed it freely and without any inducement or assurance of any nature and intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law, and agree that if any portion of this agreement is held to be invalid, the balance, notwithstanding, shall continue in full force and effect.
I recognize that Dynamix has agreed to allow the Participant to participate in the Program on the condition that I sign this agreement, and I agree to be bound by its terms. I have signed this agreement in consideration of the benefits the Participant will receive from participating in the Program.